| March 02, 2010 |
| DUI versus Criminal Defense Lawyers |
| Posted By Gold & Witham |
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| Most people arrested for a DUI do not know a DUI defense lawyer and therefore have to find one. Some people consult with their "family attorney" who then refers them to a specialist DUI lawyer . ... |
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| Continue reading "DUI versus Criminal Defense Lawyers" » |
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| February 04, 2010 |
| Restricted License on Second Offense DUI |
| Posted By Gold & Witham |
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| The California Legislature has passed a law that would appear to make defendants convicted of a second DUI eligible for a restricted license earlier. The new law comes into effect on July 1, 2010. ... |
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| Continue reading "Restricted License on Second Offense DUI" » |
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| January 07, 2010 |
| Definition of "Vehicle" in DUI Cases |
| Posted By Gold & Witham |
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| California Vehicle Code Section 23152(a) and (b) make it a criminal offense to drive a "vehicle" while under the influence of alcohol or drugs or with a blood or breath alcohol level of .08% or more. ... |
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| Continue reading "Definition of "Vehicle" in DUI Cases" » |
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| January 05, 2010 |
| Sobriety Checkpoints and DUI Defense |
| Posted By Gold & Witham |
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| The probability of being stopped at a sobriety checkpoint in California is going to increase in 2010. According to The Office of Traffic Safety, eight million dollars has been allocated for law ... |
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| Continue reading "Sobriety Checkpoints and DUI Defense" » |
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| December 29, 2009 |
| Holiday DUI Arrests |
| Posted By Gold & Witham |
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| According to media reports, holiday DUI arrests in Los Angeles County were up this year from the same period last year despite the fact that courts are increasingly handing out tougher sentences for ... |
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| Continue reading "Holiday DUI Arrests" » |
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| November 19, 2009 |
| Preliminary Alcohol Screening Device/PAS Test. |
| Posted By Gold & Witham |
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| Prior to an arrest for DUI, a suspect may be "offered" a preliminary alcohol screening device test, or PAS test. This is a breath test performed on a portable, hand held device. It is intended to be a ... |
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| Continue reading "Preliminary Alcohol Screening Device/PAS Test." » |
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| November 17, 2009 |
| DUI Auto Accidents. |
| Posted By Gold & Witham |
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| The majority of DUI arrests do not arise out of an auto accident, but when an auto accident leads to an arrest for DUI, a number of additional issues arise. The first and most pressing issue is ... |
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| Continue reading "DUI Auto Accidents." » |
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| October 22, 2009 |
| Caller's Tips and DUI Stops |
| Posted By Gold & Witham |
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| There have been a number of public campaigns by police agencies in California encouraging people to report drunk drivers. On tuesday this week, the Supreme Court let stand a decision in a Virginia ... |
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| Continue reading "Caller's Tips and DUI Stops" » |
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| October 13, 2009 |
| Preliminary Breath Test Devices |
| Posted By Gold & Witham |
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| It is common for a DUI suspect to be asked to blow into a portable, hand held breath machine before they are arrested for a DUI. The police should advise a suspect that this device is not mandatory ... |
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| Continue reading "Preliminary Breath Test Devices" » |
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| September 11, 2009 |
| Sobriety Checkpoints and DUI |
| Posted By Los Angeles DUI Attorneys |
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| Sobriety checkpoints or DUI roadblocks are increasingly being favored by law enforcement agencies as a tool in arresting drunk drivers in Los Angeles and Orange Counties. The courts have held that ... |
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| Continue reading "Sobriety Checkpoints and DUI" » |
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| September 03, 2009 |
| DUI Refusal Cases |
| Posted By Los Angeles DUI Attorneys |
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| Anyone driving in California is deemed to have given consent to a blood or breath test following a lawful arrest for DUI. This is called "implied consent". If a DUI suspect refuses to submit to a ... |
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| Continue reading "DUI Refusal Cases" » |
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| August 31, 2009 |
| Van Nuys DUI Defense |
| Posted By Los Angeles DUI Attorneys |
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| Many people charged with a DUI in Los Angeles expect that obtaining a copy of the police report and results of any blood or breath test is a simple and quick matter. This is not the case. There are ... |
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| Continue reading "Van Nuys DUI Defense" » |
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| August 26, 2009 |
| What happens if I drive while suspended? |
| Posted By Los Angeles DUI Attorneys |
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| For anyone arrested for a DUI in Los Angeles County, the prospect of losing the ability to drive for any period of time is likely to cause some level of stress, anxiety and disbelief. The normal ... |
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| Continue reading "What happens if I drive while suspended?" » |
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| August 13, 2009 |
| California DUI Arrest for Out of State Resident |
| Posted By Los Angeles DUI Attorneys |
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| Visitors to California who are arrested for DUI in this state cannot afford to ignore the matter and simply go home. Ofcourse, if the court date is missed, a warrant will be issued for the defendants ... |
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| Continue reading "California DUI Arrest for Out of State Resident" » |
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| August 12, 2009 |
| THE DUI Rumor Mill |
| Posted By Gold & Witham |
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| At an arraignment today at the Fullerton Superior Court , I spoke with an attorney who worriedly announced, "I heard through the grapevine, Orange County is going to be consolidating all arraignments ... |
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| Continue reading "THE DUI Rumor Mill" » |
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| August 12, 2009 |
| DUI Accidents-Whose Fault is it Anyway? |
| Posted By Los Angeles DUI Attorneys |
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| When a person is involved in a traffic accident and the police smell alcohol on their breath, judgements are made and the police often jump to the conclusion that the accident was caused by the ... |
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| Continue reading "DUI Accidents-Whose Fault is it Anyway?" » |
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| August 05, 2009 |
| What is the "real" field sobriety test? |
| Posted By Los Angeles DUI Attorneys |
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| Field sobriety tests ("FST's) are typically physical and mental performance tests administered by an officer investigating DUI cases in order to lay the foundation ("probable cause") for an arrest. ... |
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| Continue reading "What is the "real" field sobriety test?" » |
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| August 04, 2009 |
| Felony DUI, Penalties. |
| Posted By Los Angeles DUI Attorneys |
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| A DUI becomes a felony if a defendant has three or more prior DUI convictions in ten years or the incident leading to the arrest involved a traffic accident that led to significant personal injuries ... |
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| Continue reading "Felony DUI, Penalties." » |
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| August 04, 2009 |
| What is a DUI enhancement? |
| Posted By Los Angeles DUI Attorneys |
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| A DUI "sentencing enhancement" is an allegation of legal or factual factors part of a dui case that threatens greater punishment to the defendant because of the greater threat to law and safety posed ... |
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| Continue reading "What is a DUI enhancement?" » |
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| August 03, 2009 |
| The Best DUI Lawyers in Los Angeles |
| Posted By Los Angeles DUI Attorneys |
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| What does that mean, "the best DUI lawyers in Los Angeles "? They "win" every case? Well, statistically, most DUI cases do not go to trial, but are in fact settled through a negotiated plea, so ... |
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| Continue reading "The Best DUI Lawyers in Los Angeles" » |
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| July 31, 2009 |
| One Year DMV Suspension for Commercial License Holders |
| Posted By Los Angeles DUI Attorneys |
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| For Commercial License holders, the stakes are high following a DUI arrest. Upon conviction for a DUI, the DMV will suspend commercial license privileges for a full year whether or not the DUI was ... |
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| Continue reading "One Year DMV Suspension for Commercial License Holders" » |
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| July 30, 2009 |
| Safe Harbor in Newport Beach? (Your Orange County DUI) |
| Posted By Gold & Witham |
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| There are no "safe harbors" -- easygoing jurisdictions -- when it comes to DUI prosecutions in Orange County. Mothers Against Drunk Driving started in Orange County, and the lobby assesses there are ... |
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| Continue reading "Safe Harbor in Newport Beach? (Your Orange County DUI)" » |
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| July 29, 2009 |
| Life after DUI |
| Posted By Los Angeles DUI Attorneys |
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| LIke your first car, your first marriage and your first child, your first -- and hopefully your last -- DUI conviction is a life-changing event, with ramifications well into the future. Your ... |
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| Continue reading "Life after DUI" » |
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| July 28, 2009 |
| Los Angeles DUI Attorneys -- Who cares? |
| Posted By Los Angeles DUI Attorneys |
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| It's a curiosity when the first question posed by a prospective client is, "Do I really need a Los Angeles DUI attorney ?" Well, if you're the sort to do your own dentistry or set your own bones when ... |
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| Continue reading "Los Angeles DUI Attorneys -- Who cares?" » |
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| July 28, 2009 |
| DUI and Drugs, and Additional Charges |
| Posted By Los Angeles DUI Attorneys |
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| In circumstances where a suspect is stopped by the police for DUI based on drugs as opposed to alcohol, the police are entitled to require that the suspect submit to either a urine test or a blood ... |
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| Continue reading "DUI and Drugs, and Additional Charges" » |
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| July 27, 2009 |
| Police Chief arrested for Drunk Driving |
| Posted By Los Angeles DUI Attorneys |
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| An arrest for DUI can happen to almost anyone. To prove the point, it was reported today that the police chief for Alexandria City in Virginia was arrested for Drunk Driving on saturday following a ... |
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| Continue reading "Police Chief arrested for Drunk Driving" » |
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| July 24, 2009 |
| Reasonable Doubt and DUI Trials |
| Posted By Los Angeles DUI Attorneys |
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| Many defendants charged with drunk driving in California do not have an obvious defense but are nevertheless in a situation where they must do everything they can to avoid a DUI conviction. The ... |
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| Continue reading "Reasonable Doubt and DUI Trials" » |
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| July 23, 2009 |
| DUI Cases in Santa Monica |
| Posted By Los Angeles DUI Attorneys |
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| DUI arrests in Santa Monica were previously heard in the Santa Monica Superior Court on Main St in Santa Monica. However, if you are arrested by the Santa Monica Police Department now, your case will ... |
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| Continue reading "DUI Cases in Santa Monica" » |
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| July 22, 2009 |
| DMV, Refusal to Submit to a Test and Confusion. |
| Posted By Los Angeles DUI Attorneys |
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| I received a call today from a potential new client who was facing a one year suspension of his privilege to drive in California because of his alleged refusal to submit to a blood test following a ... |
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| Continue reading "DMV, Refusal to Submit to a Test and Confusion." » |
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| July 21, 2009 |
| DUI Cases in North Justice Center, Orange County |
| Posted By Gold & Witham |
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| If you have been arrested for a DUI in Fullerton, Orange County or surrounding areas of north Orange County, your case will be scheduled in North Justice Center in Fullerton. Due to recent budget ... |
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| Continue reading "DUI Cases in North Justice Center, Orange County" » |
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| July 20, 2009 |
| Partition Ratio Evidence in DUI Cases |
| Posted By Los Angeles DUI Attorneys |
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| The California Supreme Court rendered a decision on June 09th 2009 which makes it easier to challenge breath test results in DUI trials . In the case of People v McNeal, the Court decided that ... |
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| Continue reading "Partition Ratio Evidence in DUI Cases" » |
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| July 01, 2009 |
| DUI Cases in Van Nuys |
| Posted By Los Angeles DUI Attorneys |
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| If you have been charged with a misdemeanor DUI and given a court date in Van Nuys Superior Court, you need representation by a DUI lawyer with experience in how to deal with DUI cases in Van Nuys ... |
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| Continue reading "DUI Cases in Van Nuys" » |
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| June 30, 2009 |
| DUI Penalties in Ventura and Riverside |
| Posted By Los Angeles DUI Attorneys |
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| Some Counties in Southern California have a reputation for being tough on defendants charged with DUI. The two Counties that we have experienced most difficulties with are Ventura County and ... |
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| Continue reading "DUI Penalties in Ventura and Riverside" » |
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| June 25, 2009 |
| Orange County budget cuts. |
| Posted By Gold & Witham |
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| It was reported yesterday that Orange County officials have approved a budget that slashed $1.2 billion from the county budget for the fiscal year beginning in July. The Orange County District ... |
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| Continue reading "Orange County budget cuts." » |
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| June 25, 2009 |
| Another DUI arrest? |
| Posted By Los Angeles DUI Attorneys |
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| It happened again ! You sat in the courtroom hallway, the day you finally settled your first DUI case, telling your attorney, "I'll never damn do this again, as long as I live!" And then it happened ... |
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| Continue reading "Another DUI arrest?" » |
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| June 22, 2009 |
| Dry Reckless, Orange County DUI |
| Posted By Gold & Witham |
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| DUI in California is a "political" crime, because of the involvement of that very political lobby, Mothers Against Drunk Driving. The only force between the arrested drunk driver and MADD is your Los ... |
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| Continue reading "Dry Reckless, Orange County DUI" » |
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| June 22, 2009 |
| Speed Enhancements in DUI Cases |
| Posted By Los Angeles DUI Attorneys |
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| I have been retained by a number of defendants recently facing jail time as a result of a DUI speed enhancement . It seems that prosecutors in Los Angeles and Orange County are increasingly pressing ... |
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| Continue reading "Speed Enhancements in DUI Cases" » |
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| June 19, 2009 |
| Private Jail and DUI |
| Posted By Los Angeles DUI Attorneys |
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| County jail in DUI cases is mandated for second or third offenses . It is also sometimes ordered as a condition of probation for first offenses with aggravating facts. An accident with personal ... |
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| Continue reading "Private Jail and DUI" » |
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| June 18, 2009 |
| High Blood Alcohol Enhancement |
| Posted By Los Angeles DUI Attorneys |
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| Many judges and prosecutors dealing with DUI cases in Los Angeles and Orange County seem to believe that a blood or breath alcohol level of .15% or higher mandates a six or even a nine month alcohol ... |
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| Continue reading "High Blood Alcohol Enhancement" » |
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| June 17, 2009 |
| Probation Violations and DUI |
| Posted By Gold & Witham |
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| Probation violation proceedings in DUI cases can result from an arrest for a new DUI or other criminal offense during the probationary period. Probation violation proceedings can also result from a ... |
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| Continue reading "Probation Violations and DUI" » |
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| June 16, 2009 |
| Conditions of Probation for DUI |
| Posted By Los Angeles DUI Attorneys |
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| Upon conviction for a DUI in California, a defendant is placed on probation for a period of between three and five years. For a misdemeanor DUI, probation is normally informal or summary. This means ... |
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| Continue reading "Conditions of Probation for DUI" » |
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| June 12, 2009 |
| Ambien and DUI |
| Posted By Gold & Witham |
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| There have been a number of reported cases of people being involved in auto accidents and being arrested for DUI based on impairment through the sleep medication Ambien . There is also concern about ... |
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| Continue reading "Ambien and DUI" » |
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| June 08, 2009 |
| DUI and Driving on a Suspended License |
| Posted By Los Angeles DUI Attorneys |
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| One of the potential consequences of a DUI conviction is a license suspension . Here in Los Angeles, this can be the most difficult consequence to deal with. The main priority for many of my clients ... |
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| Continue reading "DUI and Driving on a Suspended License" » |
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| June 05, 2009 |
| Definition of "Under the Influence" in DUI cases. |
| Posted By Los Angeles DUI Attorneys |
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| California Vehicle Code section 23152(a) makes it a criminal offense to drive under the influence of alcohol. The question then arises, what is the definition of "under the influence" in DUI cases in ... |
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| Continue reading "Definition of "Under the Influence" in DUI cases." » |
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| June 04, 2009 |
| Driving Under the Influence of Alcohol or Drugs |
| Posted By Los Angeles DUI Attorneys |
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| California Vehicle Code section 23152(a) makes it a criminal offense to drive under the influence of alcohol or drugs or the combined influence of alcohol and drugs. This standard language is found ... |
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| Continue reading "Driving Under the Influence of Alcohol or Drugs" » |
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| Permalink |
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| June 03, 2009 |
| Reckless Driving, "Wet" or "Dry" |
| Posted By Los Angeles DUI Attorneys |
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| Plea negotiations in DUI cases sometimes result in the Prosecutor offering to dismiss DUI charges in return for a plea to reckless driving. Reckless driving is a violation of vehicle code section ... |
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| Continue reading "Reckless Driving, "Wet" or "Dry"" » |
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| Permalink |
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| June 02, 2009 |
| What constitutes "driving" in DUI cases? |
| Posted By Gold & Witham |
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| Curiously, the California Vehicle Code does not provide a definition of what constitutes driving for the purposes of proving that a person drove a vehicle while impaired or over the limit. In the DMV ... |
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| Continue reading "What constitutes "driving" in DUI cases?" » |
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| Permalink |
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| June 01, 2009 |
| Re-Testing of Blood Alcohol Evidence. |
| Posted By Los Angeles DUI Attorneys |
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| People arrested for DUI are often surprised by their blood alcohol results. It is common for DUI lawyers in Orange County and Los Angeles to hear that their client only had a couple of beers, but the ... |
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| Continue reading "Re-Testing of Blood Alcohol Evidence." » |
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| May 29, 2009 |
| Acid Reflux and DUI Defense |
| Posted By Los Angeles DUI Attorneys |
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| Acid reflux, commonly known as heartburn is a common condition. It causes a painful burning sensation in the chest and sudden regurgitation of acid fluid from the stomach or burping. It is common in ... |
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| Continue reading "Acid Reflux and DUI Defense" » |
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| May 27, 2009 |
| Bail, Bail Bonds and DUI |
| Posted By Los Angeles DUI Attorneys |
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| Over the weekend, I was contacted by a potential new client who had just been released from custody for a Felony DUI in Redondo Beach . Bail in his case was set by the arresting agency at $100,000 ... |
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| Continue reading "Bail, Bail Bonds and DUI" » |
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| May 22, 2009 |
| Food, Alcohol Absorption and DUI |
| Posted By Los Angeles DUI Attorneys |
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| A frequent comment I get from clients charged with DUI is that they believe that their blood alcohol level was elevated because they had consumed no food prior to drinking. This raises the question ... |
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| Continue reading "Food, Alcohol Absorption and DUI" » |
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| May 21, 2009 |
| Vehicular Manslaughter, Murder and DUI |
| Posted By Los Angeles DUI Attorneys |
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| The tragic death of Los Angeles Angels Pitcher Nick Adenhart as a result of a traffic accident caused by a drunk driver recently brought to the public attention a number of issues. The drunk driver ... |
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| Continue reading "Vehicular Manslaughter, Murder and DUI" » |
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| May 19, 2009 |
| 15 Minute Observation in Breath Test Cases |
| Posted By Los Angeles DUI Attorneys |
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| The reliability of breath test results in DUI cases is based on a number of procedural safeguards. One essential safeguard is the requirement that the officer observe the suspect for a continuous ... |
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| Continue reading "15 Minute Observation in Breath Test Cases" » |
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| Permalink |
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| May 18, 2009 |
| Mouth Alcohol Detector |
| Posted By Los Angeles DUI Attorneys |
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| I an earlier blog, I mentioned that one problem associated with breath tests in DUI cases was mouth alcohol contamination. Breath machines should "read' alveolar air . However, even a tiny amount of ... |
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| Continue reading "Mouth Alcohol Detector" » |
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| May 14, 2009 |
| Breath-Alcohol Analysis and "Mouth Alcohol" |
| Posted By Los Angeles DUI Attorneys |
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| Breath alcohol analysis in DUI cases is based on the presumption that breath machines read alveolar air or deep lung air that is reasonably in equilibrium with blood alcohol levels. However, one ... |
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| Continue reading "Breath-Alcohol Analysis and "Mouth Alcohol"" » |
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| Permalink |
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| May 13, 2009 |
| SCRAM and DUI Penalties |
| Posted By Gold & Witham |
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| Secure Continuous Remote Alcohol Monitoring, or SCRAM for short is one of a number of new devices used to monitor people on probation for DUI. SCRAM monitors a persons sweat to determine if any ... |
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| Continue reading "SCRAM and DUI Penalties" » |
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| Permalink |
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| May 12, 2009 |
| Ignition Interlock Devices (IIDs) |
| Posted By Los Angeles DUI Attorneys |
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| An ignition interlock device is an instrument installed in a vehicle which requires that the driver blow into it before the car will start. In theory at least, the vehicle will not start if the ... |
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| Continue reading "Ignition Interlock Devices (IIDs)" » |
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| Permalink |
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| May 12, 2009 |
| Defense of Necessity in DUI Cases |
| Posted By Los Angeles DUI Attorneys |
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| Imagine that you attend a wedding, drink alcohol, and stay overnight in a hotel with no intention of driving. Then imagine that you get a call at 3:00am from your baby sitter saying that they can't ... |
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| Continue reading "Defense of Necessity in DUI Cases" » |
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| May 11, 2009 |
| National College for DUI Defense |
| Posted By Los Angeles DUI Attorneys |
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| Most people who have been arrested for a DUI for the first time do not personally know a DUI defense lawyer. Prior to the internet, it was difficult to access information about attorneys and their ... |
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| Continue reading "National College for DUI Defense" » |
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| Permalink |
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| May 06, 2009 |
| DNA Samples and DUI in Orange County |
| Posted By Gold & Witham |
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| Orange County District Attorney's Office seems to have recently adopted a policy of requesting DNA samples as a condition of plea bargains in DUI cases in Orange County . Each Court in Orange County ... |
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| Continue reading "DNA Samples and DUI in Orange County" » |
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| Permalink |
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| May 04, 2009 |
| DUI Penalties in California |
| Posted By Los Angeles DUI Attorneys |
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| Most people seeking a DUI attorney in Los Angeles are looking for information about potential or likely outcomes in their case including assurances that they will not suffer any county jail time. The ... |
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| Continue reading "DUI Penalties in California" » |
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| Permalink |
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| May 04, 2009 |
| DUI Penalties in California |
| Posted By Los Angeles DUI Attorneys |
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| Most people seeking a DUI attorney in Los Angeles are looking for information about potential or likely outcomes in their case including assurances that they will not suffer any county jail time. The ... |
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| Continue reading "DUI Penalties in California" » |
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| Permalink |
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| April 27, 2009 |
| Drug Diversion and DUI |
| Posted By Los Angeles DUI Attorneys |
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| Drug diversion is available to defendants who have been charged with drug possession when it can be shown that they have no prior drug possession convictions, no prior convictions for violence, no ... |
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| Continue reading "Drug Diversion and DUI" » |
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| Permalink |
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| April 22, 2009 |
| Jury Trial win in Fullerton |
| Posted By Gold & Witham |
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| It is always a pleasure to beat the odds in a hostile environment. The young deputy district attorneys prosecuting DUI charges in North Justice Center, Fullerton, Orange County are given little ... |
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| Continue reading "Jury Trial win in Fullerton" » |
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| Permalink |
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| April 14, 2009 |
| DUI Jury Trial and Defendant Testimony |
| Posted By Los Angeles DUI Attorneys |
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| DUI defense attorneys in Los Angeles will disagree on the question of whether it is a good idea to call the defendant as a witness at trial. Most DUI trial lawyers will have horror stories of how ... |
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| Continue reading "DUI Jury Trial and Defendant Testimony" » |
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| Permalink |
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| April 13, 2009 |
| Medical Marijuana and DUI |
| Posted By Los Angeles DUI Attorneys |
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| In the State of California it is a defense to the possession of marijuana to have a valid doctor's recommendation for the use of marijuana for medical purposes. The Compassionate Use Act allows ... |
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| Continue reading "Medical Marijuana and DUI" » |
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| Permalink |
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| April 07, 2009 |
| Slow Driving and DUI |
| Posted By Los Angeles DUI Attorney |
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| It is common for the police to base probable cause for a DUI stop on speeding, but occasionally, the police stop people for driving too slowly in order to see if they have been drinking. The CHP ... |
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| Continue reading "Slow Driving and DUI" » |
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| Permalink |
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| April 06, 2009 |
| Employment and DUI Convictions |
| Posted By Gold & Witham |
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| I was watching Celebrity Apprentice last night and was not surprised when Donald Trump fired a contestant, not because she performed poorly on the task, but because he found out that she had been ... |
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| Continue reading "Employment and DUI Convictions" » |
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| Permalink |
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| April 03, 2009 |
| Probation in DUI Cases |
| Posted By Gold & Witham |
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| Upon conviction for a DUI in California , the court will place a defendant on probation for a period of three to five years. Probation can be formal or informal. Formal probation requires supervision ... |
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| Continue reading "Probation in DUI Cases" » |
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| Permalink |
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| April 01, 2009 |
| Attempted Drunk Driving |
| Posted By Los Angeles DUI Attorney |
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| California courts have upheld the existence of the offense of attempted drunk driving . Attempted drunk driving is relevant in circumstances where the defendant is observed behind the wheel of a ... |
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| Continue reading "Attempted Drunk Driving" » |
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| Permalink |
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| March 27, 2009 |
| Reckless Driving, "wet" or "dry" |
| Posted By Los Angeles DUI Attorney |
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| Reckless driving is a violation of section 23103 of the California Vehicle Code. It is a misdemeanor, not an infraction. Prosecutors in Los Angeles and Orange County courts will sometimes accept a ... |
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| Continue reading "Reckless Driving, "wet" or "dry"" » |
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| Permalink |
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| March 24, 2009 |
| Airport Court and DUI Defense |
| Posted By Los Angeles DUI Attorney |
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| DUI prosecutions in west los angeles are normally handled in the Airport Superior Court. Depending on the arresting agency, there are a number of prosecuting agencies operating out of this court and ... |
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| Continue reading "Airport Court and DUI Defense" » |
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| Permalink |
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| March 18, 2009 |
| Bail, Bail Bonds and DUI |
| Posted By Gold & Witham |
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| Typically on a first DUI arrest in Los Angeles or Orange County, the arresting agency will release a suspect after a few hours on his or her own promise to appear in court on a future date. Normally, ... |
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| Continue reading "Bail, Bail Bonds and DUI" » |
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| March 16, 2009 |
| DUI and Drugs |
| Posted By Los Angeles DUI Attorney |
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| California Vehilcle Code section 23152(c) makes it a seperate criminal offense to drive a vehicle while addicted to "any drug" unless that person is participating in a "narcotic treatment program'. ... |
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| Continue reading "DUI and Drugs" » |
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| March 13, 2009 |
| "Drunk Driving" |
| Posted By Los Angeles DUI Attorney |
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| There is a misconception that for a person to be guilty of DUI, they must be "drunk". I often get calls from people who say they were not "drunk" when driving or that they only had a "few beers" and ... |
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| Continue reading ""Drunk Driving"" » |
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| March 10, 2009 |
| Probable Cause and DUI |
| Posted By Los Angeles DUI Attorney |
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| Suppression of prosecution evidence is an issue that is often overlooked in DUI cases. The focus is often on the accuracy of the blood analysis or breath test results. However, DUI lawyers should ... |
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| Continue reading "Probable Cause and DUI" » |
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| March 06, 2009 |
| DUI with Prior Conviction |
| Posted By Los Angeles DUI Attorney |
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| Occasionally, I represent clients charged with DUI in circumstances where I am aware that there is a prior conviction, but the prior has been missed by the Prosecution and is un-charged in the ... |
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| Continue reading "DUI with Prior Conviction" » |
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| March 04, 2009 |
| Choosing a DUI Lawyer in Los Angeles |
| Posted By Los Angeles DUI Attorney |
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| Searching for the right DUI lawyer in Los Angeles can be a very confusing process. The most confusing aspect is the huge variation in fees charged by Los Angeles DUI defense lawyers . The cheapest ... |
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| Continue reading "Choosing a DUI Lawyer in Los Angeles" » |
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| March 03, 2009 |
| Alcohol Programs and DUI |
| Posted By Los Angeles DUI Attorney |
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| Following an arrest for DUI in Los Angeles , you may be required to complete an alcohol education program , either by court order following a conviction or for the DMV in order to reinstate driving ... |
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| Continue reading "Alcohol Programs and DUI" » |
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| March 02, 2009 |
| Field Sobriety Tests in DUI Cases |
| Posted By Gold & Witham |
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| Prior to arresting a suspect for DUI in California , the police normally have the individual perform a series of balance and coordination tests commonly known as field sobriety tests . The tests are ... |
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| Continue reading "Field Sobriety Tests in DUI Cases" » |
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| February 27, 2009 |
| DUI Court facing budget cuts |
| Posted By Gold & Witham |
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| For those charged with DUI in Newport Beach, Orange County , the Harbor Justice Center runs a program known as "DUI Court" whereby second and third time DUI offenders are given the option of ... |
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| Continue reading "DUI Court facing budget cuts" » |
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| February 25, 2009 |
| How to choose a DUI Lawyer |
| Posted By Los Angeles DUI Attorney |
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| In the competitive world of DUI defense in Southern California , it never ceases to amaze me what DUI lawyers will say to get prospective clients to retain them. Many of my clients call a number of ... |
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| Continue reading "How to choose a DUI Lawyer" » |
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| February 24, 2009 |
| Charles Barkley pleads Guilty to DUI |
| Posted By Los Angeles DUI Attorney |
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| According to news reports today, former NBA star and TV personality, Charles Barkley, pled guilty to DUI in Scottsdale, Arizona. He is set to begin a five day jail sentence on March 21st. He must ... |
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| Continue reading "Charles Barkley pleads Guilty to DUI" » |
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| February 20, 2009 |
| Drugs, DUI and the DMV |
| Posted By Los Angeles DUI Attorney |
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| Upon arrest for a DUI based on drugs or medication alone, the arresting officer should not take your drivers license from you. Normally, when a person is arrested for DUI, if the police believe, ... |
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| Continue reading "Drugs, DUI and the DMV" » |
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| February 18, 2009 |
| DUI Defense and Toxicologists |
| Posted By Los Angeles DUI Attorney |
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| Defending DUI charges in Los Angeles or Orange County involves issues of law and science. Proffessional DUI attorney's develop a close working relationship with an experienced blood/breath alcohol ... |
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| Continue reading "DUI Defense and Toxicologists" » |
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| February 13, 2009 |
| Jury Selection in DUI Cases |
| Posted By Gold & Witham |
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| Effective jury selection is crucial in any criminal case and this certainly applies to DUI cases because of the prejudice many people have toward defendants charged with drunk driving. If you have ... |
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| Continue reading "Jury Selection in DUI Cases" » |
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| February 12, 2009 |
| Sobriety Checkpoints |
| Posted By Gold & Witham |
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| The California Highway Patrol will be ramping up it's efforts to arrest drunk drivers as a result of a $5.9 million grant from the California Office of Traffic Safety. The money is ear-marked for an ... |
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| Continue reading "Sobriety Checkpoints" » |
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| February 05, 2009 |
| Celebrity DUI Arrests |
| Posted By Los Angeles DUI Attorney |
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| There have been a number of celebrity DUI arrests recently.Santa Barbara County Sheriff's deputies arrested Hollywood actor Gary Collins for DUI on the Central Coast. Deputies stopped the driver in ... |
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| Continue reading "Celebrity DUI Arrests" » |
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| February 04, 2009 |
| DUI Penalties and AA Attendance |
| Posted By Gold & Witham |
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| A Court should not require a person to attend AA (Alcoholics Anonymous) meetings as part of their penalties for a DUI conviction because of the religious element involved in these meetings. However, ... |
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| Continue reading "DUI Penalties and AA Attendance" » |
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| February 02, 2009 |
| Driving on a Suspended License |
| Posted By Los Angeles DUI Attorney |
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| Clients who have been suspended by the DMV as a result of a DUI arrest often ask me what would happen if they are stopped driving on a suspended license. This is Los Angeles and many people decide to ... |
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| Continue reading "Driving on a Suspended License" » |
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| January 29, 2009 |
| DUI's and Holiday Arrests |
| Posted By Gold & Witham |
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| We have been experiencing a large volume of calls as a result of people arrested for DUI over the holiday period. Those people are now approaching their first court date and are now considering ... |
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| Continue reading "DUI's and Holiday Arrests" » |
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| January 28, 2009 |
| DUI Expungements |
| Posted By Gold & Witham |
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| Expungement (California Penal Code section 1203.4) is a process by which, following the succesful completion of court probation (satisfaction of all court-ordered responsibilities and penalties, and ... |
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| Continue reading "DUI Expungements" » |
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| January 28, 2009 |
| DUI Expungements |
| Posted By Gold & Witham |
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| Expungement (California Penal Code section 1203.4) is a process by which, following the succesful completion of court probation (satisfaction of all court-ordered responsibilities and penalties, and ... |
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| Continue reading "DUI Expungements" » |
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| January 22, 2009 |
| DUI Refusal Cases |
| Posted By Los Angeles DUI Attorney |
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| Upon an arrest for DUI in California , the arresting officer is under a legal obligation to advise an arrestee of his or her obligation to submit to either a blood test or a breath test. The suspect ... |
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| Continue reading "DUI Refusal Cases" » |
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| January 21, 2009 |
| DMV Hearings |
| Posted By Los Angeles DUI Attorney |
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| I have been receiving feedback from new clients that they have contacted the DMV in Los Angeles following a DUI arrest and have been actively persuaded not to request a DMV hearing to challenge the ... |
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| Continue reading "DMV Hearings" » |
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| January 20, 2009 |
| Miranda Rights and DUI Defense |
| Posted By Los Angeles DUI Attorney |
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| One of the most common questions asked of me as a Los Angeles DUI Defense Attorney is whether a case can be dismissed due to the failure of the arresting officer to give a "Miranda Warning". Most ... |
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| Continue reading "Miranda Rights and DUI Defense" » |
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| January 15, 2009 |
| DUI Jury Trials |
| Posted By Gold & Witham |
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| One of the most difficult aspects of defending drunk driving cases is when to advise a client to take his or her DUI case to jury trial. Some DUI defense attorney's are happy and willing to advise ... |
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| Continue reading "DUI Jury Trials" » |
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| January 14, 2009 |
| When is a DUI a Felony? |
| Posted By Gold & Witham |
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| I just got off the phone with a lawyer representing the victim of a DUI accident caused by my client. My client's recollection of events is poor and I do not have the arrest report yet. However, the ... |
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| Continue reading "When is a DUI a Felony?" » |
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| January 13, 2009 |
| Multiple DUI Arrests, Orange County |
| Posted By Gold & Witham |
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| If you have been arrested for a DUI in Orange County , and you have one or more prior convictions for DUI or alcohol related reckless driving within ten years, the Court penalties can include a ... |
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| Continue reading "Multiple DUI Arrests, Orange County" » |
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| January 12, 2009 |
| DUI and Child Endangerment |
| Posted By Gold & Witham |
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| California Vehicle Code Section 23572 mandates a sentence enhancement in drunk driving cases where it is proven that a person under the age of fourteen was a passenger in the car at the time of ... |
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| Continue reading "DUI and Child Endangerment" » |
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| January 09, 2009 |
| Speeding and DUI |
| Posted By Los Angeles DUI Attorney |
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| We all speed occasionally whether we have been drinking or not. For this reason, speeding is not an indicator of impairment. On the contrary, slow speed is more an indicator of potential impairment, ... |
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| Continue reading "Speeding and DUI" » |
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| January 06, 2009 |
| DUI and Hit and Run Accidents |
| Posted By Gold & Witham |
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| DUI lawyers in Orange County and Los Angeles frequently engage in defending clients charged with a hit and run following a DUI accident. The California Vehicle Code makes it a criminal offense to ... |
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| Continue reading "DUI and Hit and Run Accidents" » |
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| January 05, 2009 |
| Restricted License |
| Posted By Los Angeles DUI Attorney |
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| A primary concern of anyone arrested for a DUI in Los Angeles is the status of their privilege to drive and the need to drive for work. Most people need to drive at least to and from work as public ... |
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| Continue reading "Restricted License" » |
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| January 02, 2009 |
| DUI arrests for people under age 21 |
| Posted By Gold & Witham |
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| If you are under the age of twenty one and you have been detained for drinking alcohol and driving or arrested for DUI, you need to be aware of different rules and penalties that apply to you. The ... |
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| Continue reading "DUI arrests for people under age 21" » |
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| December 31, 2008 |
| DUI Defenses |
| Posted By Los Angeles DUI Attorney |
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| Many people arrested for DUI feel helpless and take the view that they have no option but to plead guilty. However, DUI charges can be successfully defended and it is always unwise to simply plead ... |
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| Continue reading "DUI Defenses" » |
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| December 30, 2008 |
| Driving Under the Influence while on Probation |
| Posted By Los Angeles DUI Attorney |
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| DUI Laws in California change every year. Penalties increase and procedures change. Proffessional DUI Lawyers focus exclusively on this offense and dedicate their practice to this complicated area of ... |
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| Continue reading "Driving Under the Influence while on Probation" » |
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| December 29, 2008 |
| HAM and MADD Programs in DUI Cases |
| Posted By Gold & Witham |
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| If you have been arrested for a DUI in Los Angeles or Orange County you need to consult with DUI Attorneys who are familiar with the range of possible penalties that can be imposed for drunk driving ... |
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| Continue reading "HAM and MADD Programs in DUI Cases" » |
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| Permalink |
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| December 26, 2008 |
| DUI Sentencing |
| Posted By Gold & Witham |
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| If you have been arrested for a DUI in California and you have one or more prior DUI arrests leading to a conviction for DUI or alcohol related reckless driving, commonly known as a "wet reckless", ... |
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| Continue reading "DUI Sentencing" » |
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| December 23, 2008 |
| DUI Arrests, Southbay, Los Angeles |
| Posted By Los Angeles DUI Attorney |
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| Southbay Superior Court in Torrance, Los Angeles County,covers cases resulting from DUI arrests in the Southbay Beach Cities including Torrance, Manhattan Beach, Redondo Beach, Hermosa Beach and Palos ... |
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| Continue reading "DUI Arrests, Southbay, Los Angeles" » |
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| Permalink |
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| December 19, 2008 |
| Do I Need An Attorney to defend a DUI? |
| Posted By Gold & Witham |
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| Do I need a Lawyer and how much does it cost? I should make it clear from the outset of this blog that it is my advice that anyone arrested for a DUI in Los Angeles or Orange County needs a Lawyer ... |
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| Continue reading "Do I Need An Attorney to defend a DUI?" » |
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| December 18, 2008 |
| DUI Defense in Los Angeles |
| Posted By Los Angeles DUI Attorney |
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| If you have been arrested for a DUI and you are due to appear in Metropolitan Superior Court in Los Angeles, you need to consult with a Los Angeles DUI defense lawyer who is familiar with the ... |
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| Continue reading "DUI Defense in Los Angeles" » |
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| Permalink |
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| December 17, 2008 |
| DUI's in Orange County |
| Posted By Gold & Witham |
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| If you have been arrested for a DUI in Orange County and you are due to appear for your arraignment in Harbor Justice Center in Newport Beach, you need to be aware of the procedure followed in that ... |
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| Continue reading "DUI's in Orange County" » |
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